scholarly journals PENGUATAN CLASS ACTIONS DAN LEGAL STANDING DALAM PEMIKIRAN PERBARUAN UUPPLH DENGAN PERSPEKTIF HUKUM PROGRESIF

2019 ◽  
Vol 2 (1) ◽  
pp. 26-39
Author(s):  
Nuria Siswi Enggarani
Keyword(s):  
Environmental Law ◽  
Class Action ◽  
Conceptual Approach ◽  
Environmental Advocacy ◽  
Environmental Organization ◽  
Environmental Disputes ◽  
Legal Standing ◽  
Legal Perspective ◽  
Formal Level ◽  
Community Autonomy

Increasing cases of pollution and environmental destruction are closely related to environmental law instruments as the pillars of law enforcement in the settlement of environmental disputes. Environmental law instruments are regulated by Law no. 32/2009 on Environmental Protection and Management. The type of this research is normative law research with statute approach and conceptual approach with research object that is Law no. 32 of 2009 on the Protection and Management of the Environment and various practices of class action and legal standing lawsuits. This study aims to examine the form of settlement of environmental disputes through litigation accommodated by the Environmental Law through class action (legal action) and legal standing (lawsuit of Environmental Organization). Even class action movements have been recognized in the juridical formal level, but are still constrained by the understanding of the shallow society in practical terms. Likewise, the legal standing is hampered by its own procedural petition which is considered to be limiting and reducing the space of the Environmental Organization to defend with compensation. This is the importance of the UUPPLH's renewal concept in order to better accommodate the power of community autonomy in environmental advocacy with a progressive legal perspective as a breakthrough. More concretely, the expected long-term goal of creating an upcoming environmental law reform is directed to a number of things, among others, the idea of ​​a certified judge in the field of environment, the formulation of KLH institutional strengthening and greater access placement for communities to strengthen community autonomy towards civil society

scholarly journals Hak Mengajukan Gugatan dalam Sengketa Lingkungan Hidup

2019 ◽  
Vol 21 (1) ◽  
pp. 93-108
Author(s):  
Muzakkir Abubakar
Keyword(s):  
Environmental Pollution ◽  
Class Action ◽  
Environmental Damage ◽  
Regional Government ◽  
Business People ◽  
Environmental Disputes ◽  
Civil Lawsuit ◽  
Legal Standing ◽  
The Government ◽  
Citizen Suits

Penelitian ini ingin menjawab keberadaan pihak-pihak yang dapat mengajukan gugatan ke pengadilan apabila terjadinya  kerugian akibat perbuatan melawan hukum dalam lingkungan hidup. Perbuatan melawan hukum yang menimbulkan kerugian akibat pencemaran atau perusakan lingkungan yang dilakukan oleh pengusaha atau penanggungjawab usaha dan/atau perusakan lingkungan hidup. Penyelesaian sengketa lingkungan hidup melalui pengadilan dapat dilakukan melalui gugatan perdata biasa yang diajukan oleh pihak korban atau  anggota masyarakat biasa yang mengalami kerugian. Dengan melakukan studi dokumen, ditemukan bahwa dengan berlakunya Undang-Undang Nomor 32 Tahun 2009 telah memberikan kesempatan untuk mengajukan gugatan melalui legal standing/LSM, prosedur class action  atau melalui citizen suit yang merupakan hak gugat tanpa adanya kepentingan hukum. Pemerintah atau Pemerintah Daerah sebagai penanggung jawab di bidang lingkungan hidup juga dapat mengajukan gugatan terhadap pelaku pencemaran dan/ atau perusakan lingkungan hidup untuk kepentingan dan kesejahteraan masyarakat. Right to Submit a Law in the Environmental Disputes This study wants to answer the existence of parties who can file a lawsuit to the court if there is an unlawful act that results in a loss to the environment. Unlawful acts that cause losses due to pollution or environmental damage carried out by employers or business people responsible for and/or environmental damage. Settlement of environmental disputes through a court can be carried out through civil lawsuit filed by victims or community who suffer losses. By conducting document studies, it was found that with the enactment of Law No. 32 of 2009, it has provided an opportunity to file a lawsuit through legal standing, class action or through citizen suits which constitute a claim right without any legal interest. The Government or Regional Government as the person in charge of the environmental sector can also file a lawsuit against the perpetrators of environmental pollution and/or damage for the benefit and welfare of the community.

The DDT Wars: Four Great Victories

DDT Wars ◽  
2015 ◽  
Author(s):  
Charles F. Wurster
Keyword(s):  
Environmental Law ◽  
Local Level ◽  
Bird Species ◽  
High Standard ◽  
Chemical Carcinogenesis ◽  
The United States ◽  
Bald Eagle ◽  
Laboratory Animals ◽  
Environmental Advocacy ◽  
Dirty Dozen

Nearly five decades ago a group of volunteer scientists and citizens launched a campaign to save birds from the ravages of DDT. They went to court at the local level, then through several states and finally to Washington, DC, overcoming legal barriers and challenging unexpected new issues along the way. By the 1970s, DDT and five other pesticides had been banned. Viewed from the 21st century, these actions produced significant and permanent accomplishments: Preventing cancer—Techniques and procedures for evaluating and regulating carcinogens, which followed the DDT precedents, have been adopted by international treaty. Citizen standing in court—The DDT case broke down the standing barrier, allowing citizens to go to court to protect their environment. It fostered the development of environmental law as we know it today. Recovery of the birds—Populations of iconic bird species, including the Bald Eagle, that had been decimated by DDT, have now recovered their former abundance. Creation of the Environmental Defense Fund—EDF, spawned by the “DDT wars,” has grown into one of the nation’s largest and most influential environmental advocacy organizations. Top authorities in chemical carcinogenesis testified that DDT caused cancer in laboratory animals and that it was, therefore, a possible carcinogen in humans. The precedents set by DDT for identifying and regulating carcinogens then became the basis for banning another five dangerous chlorinated hydrocarbon pesticides: aldrin, dieldrin, heptachlor, chlordane, and mirex (see Chapter 12). EDF had established a very high standard for protection of public health against these carcinogens, as confirmed by two EPA administrators. In 2001 the Stockholm Convention on Persistent Organic Pollutants (the POPs Treaty) was signed by 151 nations to ban the “dirty dozen,” which included all of the “dirty half-dozen” singled out and banned thanks to EDF’s actions 23 years earlier. There was one exception to the total bans: DDT could be used for only malaria control. In 2009, nine additional POPs were added to the list. By 2013, 179 nations were party to the POPs Treaty, although the United States has not yet ratified it.

Comparative Environmental Law

2019 ◽  
pp. 2-34
Author(s):  
Jorge E. Viñuales
Keyword(s):  
Environmental Law ◽  
Comparative Method ◽  
Comparative Law ◽  
Building Blocks ◽  
Top Down ◽  
Conceptual Approach ◽  
Research Project ◽  
Bottom Up ◽  
Present Volume ◽  
Functionalist Approach

This volume examines the building blocks of environmental law across different jurisdictions. More specifically, it provides a cartography of environmental law, with a focus on its underlying logic, main arrangements and their variations, and how it is embedded within the broader legal arrangements developed to tackle other questions. In this context, this preliminary chapter provides an overview of the comparative method as it applies to the overall research project leading to the present volume. It discusses descriptive and evolutionary approaches, the conceptual approach, the functionalist approach, the factual approach, legal formants, the contextualist approach, and legal transplants. It then considers a range of methodologies proposed by comparative law experts, including the bottom-up functionalism and top-down functionalism, before explaining the methodology used for the organization of this book. The chapter concludes by summarizing a tentative structure of comparative environmental law as a single overall technology.

DDT Wars

2015 ◽  
Author(s):  
Charles F. Wurster
Keyword(s):  
Public Health ◽  
Laboratory Tests ◽  
Environmental Law ◽  
Bald Eagle ◽  
Financial Resources ◽  
Political Connections ◽  
Food Chains ◽  
Advocacy Organizations ◽  
Environmental Advocacy ◽  
International Treaty

DDT Wars is the untold inside story of the decade-long scientific, legal and strategic campaign that culminated in the national ban of the insecticide DDT in 1972. The widespread misinformation, disinformation and mythology of the DDT issue are corrected in this book. DDT contamination had become worldwide, concentrating up food chains and causing birds to lay thin-shelled eggs that broke in the nests. Populations of many species of predatory and fish-eating birds collapsed, including the American Bald Eagle, Osprey, Peregrine Falcon and Brown Pelican. Their numbers recovered spectacularly in the decades following the ban. During the campaign DDT and five other insecticides were found to cause cancer in laboratory tests, which led to bans of these six pesticides by international treaty in 2001. This campaign produced lasting changes in American pesticide policies. The legal precedents broke down the court "standing" barrier, forming the basis for the development of environmental law as we know it today. This case history represents one of the greatest environmental victories of recent decades. DDT is still "controversial" because it has been deceptively interjected into the "climate wars." This campaign was led by the Environmental Defense Fund (EDF), founded in 1967 by ten citizens, most of them scientists, volunteers without special political connections or financial resources. Their strategy was to take environmental problems to court. There were many setbacks along the way in this exciting and entertaining story. The group was often kicked out of court, but a few determined citizens made a large difference for environmental protection and public health. Author Charles Wurster was one of the leaders of the campaign. The first six years of EDF history are described as it struggled to survive. Now EDF is one of the world's great environmental advocacy organizations defending our climate, ecosystems, oceans and public health.

scholarly journals The Environmental Jurisprudence of the International Tribunal for the Law of the Sea

2007 ◽  
Vol 22 (3) ◽  
pp. 369-381 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Dispute Settlement ◽  
Environmental Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Settlement System ◽  
International Environmental Law ◽  
Environmental Disputes ◽  
Dispute Settlement System ◽  
Marine Environmental ◽  
Environmental Jurisprudence

AbstractThis presentation starts out with an overview of the environmental jurisprudence of international tribunals and courts in the last decade. The author then examines the jurisprudence of the ITLOS and considers four issues that have arisen: the precautionary principle; environmental impact assessment; environmental co-operation; and jurisdiction over marine environmental disputes. Concluding, he asks what the jurisprudence tells us about the Tribunal's role in the LOSC dispute settlement system. First, the Tribunal's provisional measures cases have established the utility of the Article 290 procedure as a means of protecting the rights of other States but also the marine environment in general. Second, there is evidence in the case law of a desire to settle disputes between the parties in a way that contributes to the development of a consistent jurisprudence and of a willingness to interpret and apply Part XII of the Convention in accordance with the contemporary state of international environmental law. The Tribunal's record on marine environmental disputes is a positive one.

scholarly journals Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 189-209
Author(s):  
Annisah Dian Utami Panjaitan ◽  
Novianti Novianti ◽  
Mochammad Farisi
Keyword(s):  
Environmental Pollution ◽  
Environmental Law ◽  
Civil Liability ◽  
Class Action ◽  
The State ◽  
State Responsibility ◽  
International Environmental Law ◽  
Advantages And Disadvantages ◽  
Liability Law ◽  
Polluter Pays Principle

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.

scholarly journals TUNTUTAN HAK DALAM PERSIDANGAN PERKARA PERDATA

2010 ◽  
Vol 10 (2) ◽  
Author(s):  
Rahadi Wasi Bintoro
Keyword(s):  
Civil Rights ◽  
Class Action ◽  
Private Law ◽  
Government Organization ◽  
Legal Standing ◽  
Collision Effect ◽  
The People ◽  
The Difference ◽  
Group Member ◽  
Class Representative

Procedure of private law in Indonesia have experiencing of some growths, for the example is the mechanism of suing which it's not arranged in Het Herzeine Indonesich Reglement, such as class action, legal standing, citizen lawsuit or actio popularis. This article is study to the difference characteristic of suing in procedure of private law in Indonesia. Pursuant to analysis result, the mechanism of ordinary suing is the mechanism suing by the plaintiff to the sued as effect of contempt of court or break a promise which it have generated loss to plaintiff. Class action is the mechanism of suing by numerous plaintiff which it raised by class representative, that representing his own and his group member, with demand in the form of indemnation. Suing of non government organization (NGO) or legal standing is the mechanism of proffering suing by NGO as collision effect or existence of contempt of court which done by the people which arranged in statues. Citizen lawsuit or actio popularis is a suing that raised by citizen to state, as effect of existence of contempt of court, in the form of neglected the civil rights. Its purpose is formed the law order immediately.Keyword: suing, private dispute, plaintiff, sued

scholarly journals Penyelesaian Sengketa Melalui Upaya Litigasi di Bidang Penegakan Hukum Lingkungan Keperdataan

2019 ◽  
Vol 4 (2) ◽  
pp. 163
Author(s):  
I Ketut Tjukup ◽  
I Gusti Ayu Agung Ari Krisnawati
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Environmental Law ◽  
Strict Liability ◽  
Class Action ◽  
The Rule Of Law ◽  
Diffi Cult ◽  
The Law ◽  
Judicial Procedure

Environmental dispute settlement through litigation lines is strictly regulated in Law No. 32 of 2009 on the Protection and Environmental Management. The former law pointed HIR and RBg, PERMA No. 1 2002 Event Class Action. HIR and RBg did not set a class action, strict liability, legal standing, citizen lawsuit. Rules pluralistic diffi cult as the legal basis of environmental law dispute resolution. Problematic in civil law will cause blurring of norms, conflict norms, norms vacancy, will bring the consequences of law enforcers. If the law enforcement believes the law is the law, so that the rule of law, justice, expediency, which is the purpose of the law, it is diffi cult to realize. Based on legal issues cause problems pluralistic level, the rules, while the class action always demands are not accepted on the grounds HIR, RBg not set. Based on juridical issues, sociological and philosophical issue of whether arrangements formulated civil judicial procedure in civil Environmental Law Enforcement has been inadequate. Normative legal research writing method and in qualitative analysis to obtain quality legal materials. According to Law No. 48 the Year 2009 on Judicial Power, with the principle of ius curia Novit, a judge can do rechtsvinding. The rule of law in the enforcement raises multi pluralistic interpretation.Keywords: 

scholarly journals The Contrast of Political Development and the Environment

2018 ◽  
Vol 1 (1) ◽  
pp. p39
Author(s):  
Hamid S ◽  
Roghayyeh V
Keyword(s):  
Civil Society ◽  
International Law ◽  
Political Development ◽  
Environmental Law ◽  
Academic Disciplines ◽  
Advocacy Groups ◽  
Environmental Advocacy ◽  
Environmental Laws ◽  
Pressure Groups ◽  
Political Decisions

Political development has played an important role in the development of environmental law indirectly. Mechanism linking political development to environmental change is that political development provides an opportunity for different groups and civil society, including environmental advocacy groups, academic & scientific pressure groups to influence on political decisions and legislation. Establishing new academic disciplines particularly the environment international law, and trying to play a constructive role in the protection of the environment largely influenced by the pressure and influence of civil society. New social movements, particularly the Greens, diverted attention from economic development and class struggles to the environmental issues and through this; they were effective in the formation of convections and pro-environmental laws.

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